Gorakh Baburao Mhatre vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2024)

Gorakh Baburao Mhatre vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2024)

What the court decided

AI extract

Outcome

Applicant released on bail on furnishing Personal Bond and Surety bond of Rs. 25,000/-, subject to conditions: attendance at Koparkhairane Police Station on the first Monday of every month from 10.00 a.m. to 12.00 noon till completion of the trial; not to threaten the prosecution witness; violation will make the Applicant liable for cancellation of bail after notice.

Issue for consideration

Whether the Applicant is entitled to bail under the liberty granted by this Court upon withdrawal of Bail Application No. 1754 of 2023, i.e., that the Applicant may seek bail after six months if the charge is not framed.

Ratio / Principle

Once the liberty granted by this Court (on withdrawal of the earlier bail application) operates and the charge is not framed after six months, the Applicant is entitled to bail.

Key takeaways

The discharge application filed on 02/04/2024 after expiry of the six-month period has not caused delay in the trial.ratio¶23

Detailed headnote1 paragraphs

Bail Application No. 1390 of 2024 (High Court of Bombay, S. M. Modak, J., 10 July 2024): Allowed. The Applicant, arrested in C.R. No. 220 of 2021 of Koparkhairane Police Station for offences punishable under Sections 376-D, 376(2)(i), 376(2)(n), 366(a) and 341 of the Indian Penal Code alongwith Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, had earlier withdrawn Bail Application No. 1754 of 2023 on 11/08/2023, this Court having been not inclined to grant bail on merits, with liberty to move again after six months if charge was not framed. The last roznama (04/03/2024) showed no framing of charge, and the discharge application filed on 02/04/2024 after expiry of six months had not delayed the trial. Holding that once the liberty so granted operates and the charge is not framed, the Applicant is entitled to bail, the Court ordered release on a Personal Bond and Surety bond of Rs. 25,000/-, with monthly reporting at Koparkhairane Police Station (first Monday of every month, 10.00 a.m. to 12.00 noon) till completion of trial, a condition not to threaten prosecution witnesses, and liability to cancellation of bail after notice on violation.

2024:BHC-AS:27530

BA 1390 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 1390 OF 2024

Gorakh Baburao Mhatre

...Applicant

vs.

The State of Maharashtra and Anr.

...Respondents

Sana Shaikh a/w Maya Updeshe, Pratik Thadani, Kulsum Shah, Sayed Firoz	Advocate for the Applicant
Adv. Swapnil Ovalekar	Advocate for the Respondent No. 2- Complainant
Mr. A. S. Gawai	APP for Respondent-State

CORAM : S. M. MODAK, J.

DATE : 10^th JULY 2024

P. C. :-

Heard learned Advocate for the Applicant and learned APP and

learned Advocate for the first informant.

It is true that this Court was not inclined to grant bail on merits

that is why Bail Application No. 1754 of 2023 was withdrawn on 11/08/2023. The liberty was granted to move after six months, if charge is not framed. Relevant copies of the roznama are annexed from

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BA 1390 of 2024.doc

page no. 184 onwards. The last roznama is of 04/03/2024. It does not mention about framing of the charge. It mentions about filing of the fresh bail application. Earlier to that one discharge application was filed on 02/04/2024. Copy of the roznama is produced. It was filed after expiry of six months. This has not laid to delay in trial.

For six months after order passed by this Court once the liberty is

granted and charge is not framed, then the Applicant is entitled for bail. Hence, the Order:

ORDER

(i) Bail application is allowed.

(ii) Applicant-Gorakh Baburao Mhatre arrested in connection with C.R. No. 220 of 2021 registered with Koparkhairane Police Station for the offence punishable under Section 376-D, 376 (2)(i), 376(2)(n), 366 (a), 341 of the Indian Penal Code alongwith Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, be released on bail on furnishing Personal Bond and Surety bond in sum of Rs. 25,000/-.

(iii) Applicant is directed to give attendance to Koparkhairane Police

Station on first Monday of every month from 10.00 a.m. to

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12.00 noon till completion of the trial.

(iv) Applicant shall not threaten the prosecution witness.

(v) Needless to say, violating of the condition above will make the Applicant liable for cancellation of bail after notice.

Application is disposed of in the aforesaid terms.

All the parties to act on an authenticated copy of this order.

Learned appointed advocate be paid fees as per the Rules.

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Seema Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 12/07/2024 18:44:10